SGN C.S.H.B. 1427 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 1427
By: Hightower
4-16-97
Committee Report (Substituted)

BACKGROUND 

Two years ago, the Board of Criminal Justice instituted a tobacco-free
work place on properties under their jurisdiction.  As a result, tobacco,
tobacco products and related items, such as lighters, flints, cans, etc.
are now treated as contraband.  Smoking, tobacco and tobacco products are
neither illegal, immoral, or unlawful where correctional employees, as
citizens first and TDCJ Employees second, are concerned.  Other state
employees have the ability to go outside of their office building and use
the tobacco product of their choice.  

PURPOSE

H.B. 1427 allows the Department of Criminal Justice to provide areas where
tobacco products can be used.  The bill calls for these areas to be
established where any person who does not use these products is not
physically affected by the designated location. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority granted to the
Texas Board of Criminal Justice is referenced in SECTION 1, Sec. 494.010,
Government Code and SECTION 2. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 494, Government Code by adding Section 494.010
as follows: 

Sec. 494.010.  EMPLOYEES' POSSESSION AND USE OF TOBACCO PRODUCTS.
Provides that a rule adopted by the Board of Criminal Justice regulating
the possession and use of tobacco products by department employees must
provide that employees of the department be permitted to use tobacco
products during work hours at times and locations designated by the board.
Requires the board to designate locations that: 

(1)  are at a sufficient distance to ensure that non-tobacco users are not
physically affected by the use of the tobacco product in such location. 

(2)  do not negatively affect the comfort or safety of any employee or
inmate. 

SECTION 2.  Requires that the Board of Criminal Justice amend any rule
regulating the possession and use of a tobacco product no later than 90
days after the effective date of this Act. 

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute provides that employees of the department, not
institutional division only, be permitted to use tobacco products during
work hours at times and locations designated by the board.  The substitute
also provides that the designated location does not negatively affect the
comfort or safety or any employee or inmate.